Reply to: Advice on handling natural end to contract

[northernladuk]

I do sometimes wonder about the advice that is offered in here. It's almost a little bit too negative and worst-case-scenario.

Well we could say yes, great, go for it and wrap you up in glittery cotten wool but that's not going to be much use when it turns to rat tulip around your ears and have to come back on with a new problem you can't handle. If we tell you the worst then you are prepared and can only be pleasantly surprised when it goes smoothly.

Remember you are getting the advice you paid for as well.

Sometimes the advice offered changes depending on the OPs reputation as well

[heyya99]

I had verbally agreed an extension with my agent (before client offered one). I asked for a small rate increment but was turned down. I took 4 days to decide if I wanted to stay on the same rate, and in the meantime my new gig came around. When I told current client about my new offer, they offered to increase the rate by much more than my initial request. I turned it down and explained that the new gig wasn't just about more money, it was the name, experience, etc.

I explained my situation to my current client. They are disappointed but seemed to understand my decision (I've been given a very good opportunity). The PM said that my consultancy should not have dallied and tied me up sooner (he's a contractor too). I offered to extend my stay for a while so that they aren't short. That's in progress.

They wished me the best, offered me a reference and a welcome back whenever I require it.

I do sometimes wonder about the advice that is offered in here. It's almost a little bit too negative and worst-case-scenario. Yes, it could have went differently but I had already formed a great relationship with the client and when the work they were offering was turning into something somewhat undesirable, my departure won't have been a surprise.

[billybiro]

I used to do things "professionally". Let people know what was going on and play fair.

After a sequence of incidents over the last 5 years it seems no clients have any moral principals any longer. So I now treat them the way they treat me.

This. A million times, this.

If you find yourself working for a great client who appreciates your value and treats you with respect, you treat them exactly the same. With the utmost respect. In these cases, you never bail on a contract and you never p*ss off the client in any other way. Hell, you'll probably even go out of your way for these clients and go "above and beyond the call of duty" from time to time. After all, it's these clients to whom you want to be returning to again and again throughout your career, and it's these clients who will have you back again and again.

However, when you find yourself working for one of the majority of clients who will treat you as nothing more than an expendable resource, something to be hired and fired at the whim and will of the client's fancy whilst simultaneously treating you little better than the indentured permie servants, then you, again, treat them exactly as they treat you. As a client to whom you would dump in a heartbeat if a better gig came along (but without breaching contract of course).

You reap what you sow. Do unto others as you would have them do unto you. etc. etc.

If you're foolish enough to treat a client with nothing but respect in a mistaken belief that you're acting more "professional" whilst the same client would drop you in a flash as soon as it suits them, well, you're welcome to act in that way of course, but remember that that "professionalism" of yours doesn't put a roof over your head or food on the table. Most importantly, that "professionalism" means absolutely nothing to the kind of client that would unceremoniously dump you. It just makes them think of you as a bigger sucker.

[billybiro]

There are two types of contractors:

1) professional contractors who build up a reputation and a portfolio of clients they return to and enjoy a long career.
2) scorched earth contractors, who p*** off clients and treat them like dirt for a juicy increase in their rate and wonder what to do with all their accumulated wealth whilst other more "professional" contractors cry poverty.

FTFY.

But seriously, there's more than two types... How about Option 3.

3) Contractors who engage with a client from a position of initial respect, but who soon find that respect only flowing one way. They therefore decide to treat the client as the client is treating them, sticking strictly to the terms of their contract and happy to serve notice (if available) when something better comes along knowing full well that the client would dump them just as quick as it suited them. After all, all's fair in love, war and business.

[WTFH]

1. When did you first ask them about an extension?
2. When did they verbally offer you an extension?
3. When did you verbally accept the offer?
4. Is it a client you would like to work for in the future?

[mike67]

The title thread was handling natural end to contract, presumably to make you feel better about shafting one of the two potential clients. You have verbally accepted an extension, and your client presumably believes you were acting in good faith when you did so. So what you are saying is that you want to screw them over at the last minute if the new gig comes off, and want people to tell you it's ok.

Some people will no doubt have a mercenary attitude and say that is fine, probably the same who would walk out with a week's notice and leave them in the lurch for another £25 a day. I'd prefer to be honest with them and either stick with what you told them verbally or tell them that you don't want to extend. If you don't have integrity, what do you have?

[TheFaQQer]

Thing is as well current client thinks it sorted now verbally and may well not place much store in the written version. Sort "word is my bond" sort of thing.

If a client offers an extension and you accept it, then there is no need for paperwork - see Brogden's case for the precedent of acceptance via conduct.

So whilst having additional paperwork is a nice to have (and I would want it in place), for an extension there is no requirement for it to be there as long as you can show there was a contract offer from someone with the legal authority to make the offer and it was accepted by someone with the legal authority to accept the offer. The terms of the contract continue as before, as shwon through the conduct of both parties.

[BlasterBates]

Here's what you hand the poor client when he bursts into tears:

There are two types of contractors:

1) professional contractors who build up a reputation and a portfolio of clients they return to and enjoy a long career.
2) scorched earth contractors, who p*** off clients and treat them like dirt for a minimal increase in their rate and wonder why they can't get off the bench, when the market turns south.

[billybiro]

If there is an understanding with your current client of a renewal, then you should respect the notice period. If not he'll be mightily p***ed off as it takes time to get someone to replace you. Legally he won't be able to do much, just leaves a bad impression and he is less likely to have you back.

Here's what you hand the poor client when he bursts into tears:

[billybiro]

No thought in your head that someone was working hard to get budget approval to retain your valued services then, and couldn't commit until they had. Or that you've had the length of the contract to work out it was going to end, so "3 weeks" isn't exactly cutting anything fine. Your real problem is not with your client, it's with your indecision.

Ahem.. and so too has the client. They've also probably done this "getting budget approved" stuff numerous times before so if that's the kind of thing that takes weeks in the client's organisation, they need to appropriately schedule their requests and processes around that.

The OP is correct. This really is the client's responsibility to secure the funds and offer an appropriate extension to the contractor in a timely fashion if they do wish to retain his/her services.

[BlasterBates]

If there is an understanding with your current client of a renewal, then you should respect the notice period. If not he'll be mightily p***ed off as it takes time to get someone to replace you. Legally he won't be able to do much, just leaves a bad impression and he is less likely to have you back.

[psychocandy]

Thing is as well current client thinks it sorted now verbally and may well not place much store in the written version. Sort "word is my bond" sort of thing.

One client I worked out at used to argue that I needed to give one months notice of leaving either way. i.e. even if contract ended. WTF! They'd leave contract renewal until last minute because they thought contractors couldn't not renew.

They had a bit of shock one day. One of the guys who had kept moaning about this, left at the end of his contract and was never seen again. Client was not happy - he was pretty key - but, to be fair, he'd warned them a few times. Client tried to force him to come back to do a handover and even tried legal route I understand (and was probably told within 5 mins but their legal advisors). They were a good client to me (apart from that) but it was quite funny to watch to be honest.

[psychocandy]

Thing is current client isn't going to be pleased if you did accept verbally. But then again look after number 1 just bear this in mind.

If the new gig falls through after you tell them then they "might" let you stay.....

I had it a while ago. New gig came up. It was dead close to home and due to family hassles I felt I had to take it. Current client were good about it apart from a new manager who'd been brought it. The new place were aware that I was in contract and were willing to wait (or so I thought). So I got end date sorted. Phoned agency (who I'd kept in touch with) who then told me they'd got someone else in (even thought they'd offered me). Apparently, some manager at new client obviously thought he was bertie big bollox and had made offers to a few people and then just picked one who could start soonest. Shocking way to behave.

So I wanted to stay. Unfortunately, my cards were marked with new manager. I did stay a few more months (on one month extensions) but it was obvious I was out the door soon. Worked out well because of PS IR35 anyway.

A cautionary tale! If current client is good, make sure its all tied up with new clients......

[pauldee]

Have it out with them and say you have been offered work elsewhere so you need to sign for the extension or you'll take the other job?

[northernladyuk]

My contract ends in 2.5 weeks and I've verbally accepted another 6 months (nothing signed). Since then, I recently interviewed at another place and have been offered 6 months there. I have verbally agreed to take the latter also.

I have to decide on a time to tell my current client. Can anyone give me advice on how to handle this professionally? If I tell current client I'm not renewing, and new gig falls through, I'm left with nothing. Tell too late, and I risk burning bridges. There will be a 2 weeks background check at new gig and I'm guessing I won't be given a contract until that's done.

I have a fear that, if I inform current client of intentions, then the new gig might still be interviewing and it falls through. The one thing that makes the new gig a bit more secure is I have been 'head-hunted' from an old manager and he wants me on board, plus the interview went very well.

How would you play this?

When you say 'nothing signed', have you been given the paperwork to sign, or not yet been given the paperwork? If the former, then you are being a bit shoddy IMO if youturn it down, but if you think it's worth burning bridge (and you probably will burn them ), then there is nothing stopping you - just handle it as best you can. If the latter (i.e. you've been given and accepted verbal reassurances but no paperwork is forthcoming), then it's easier to handle.

But ultimately, if you have a two week wait until the new contract, you are going to have to decide to take the bird in the hand (extension) or take a risk without paperwork for the new contract. You can't leave it two weeks (unless the extension paperwork is still not forthcoming...)

The risk is IMO a bigger decision than the reputation fallout.